Amoth & 3 others (Suing as a legal administrator of the Estate of Mary Aoko (Deceased)) v Dulo & 4 others [2023] KEELC 21462 (KLR)

Amoth & 3 others (Suing as a legal administrator of the Estate of Mary Aoko (Deceased)) v Dulo & 4 others (Environment & Land Case 16 of 2021) [2023] KEELC 21462 (KLR) (14 November 2023) (Ruling)

Neutral citation: [2023] KEELC 21462 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 16 of 2021

GMA Ongondo, J

November 14, 2023

Between

Francis Ogola Amoth

1st Applicant

Peter Osore

2nd Applicant

Tomas Ochieng Abuto

3rd Applicant

Moses Okongo Dinga

4th Applicant

Suing as a legal administrator of the Estate of Mary Aoko (Deceased)

and

Alloyce Odhiambo Dulo

1st Respondent

Isabela Omolo Dulo

2nd Respondent

George Onono Dulo

3rd Respondent

Michael Ouma Dulo

4th Respondent

Pius Okuku Dulo (Alias Joseph)

5th Respondent

Ruling

1. On 5th March 2020, the applicant, Francis Ogola Amoth and 3 others in person lodged this suit by way of an Originating Summons dated 10th March 2020. They are claiming that they have acquired portions of the suit land, Parcel No. Lambwe East /151/ by adverse possession.

2. The defendants are represented by M/s Nyangacha and Company Associates Advocates herein

3. The parties have not taken any step in this suit for more than a year.

4. Article 159(2) (b) of the Constitution of Kenya, 2010 reads;“Justice shall not be delayed”

5. So, a notice was issued on 17th November 2023 at 4:24 PM GMT+3 under Order 17 Rule 2 of the Civil Procedure Rules, 2010. There is no cause shown by the parties why it should not be dismissed.

6. Pursuant to Order 17 Rule 2 of the Civil procedure Rules, 2010, this suit is hereby dismissed with no orders as to costs.

DELIVERED, DATED AND SIGNED THIS 14TH DAY OF NOVEMBER 2023. G.M.A ONG’ONDOJUDGE